Judge Tosses Rail Lawsuit

Rj Brown

UPDATED 6 p.m. on 3/23/11

A Circuit Court judge threw out a case Wednesday that would have temporarily stopped Honolulu's rail project based on concerns for ancient Hawaiian remains.

Plaintiff Paulette Kaleikini filed the suit because she has ancestors buried in the Kakaako area, where the rail line will terminate. Kaleikini sought to halt progress on the project until an archaeological survey could take place for the entire 20-mile rail line, the same way the project's Environmental Impact Statement was completed.

The city's plan is to complete archeological surveys for each phase of the project. The first survey was completed for phase 1, beginning in Kapolei, but there are four total phases. Determining the impact on ancient remains in phases 2 through 4 will take place before construction begins for each, and any needed adjustments will be made at that time.

Judge Gary Chang, who tossed the case, said that because the Federal Transit Authority approved the project, it also approved the phasing approach.

The ruling is a major victory for the city. One other lawsuit that could affect rail is still pending. That lawsuit deals with the city's procurement process and asks that some rail contracts be rescinded. The victory comes on the same day the U.S. Transportation secretary met with top city, state and federal elected officials to go over progress on the rail project.

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